People who are British or have settled in the UK can bring their unmarried partners to the UK. This is also referred to as a 'partner visa' or 'de facto visa'. This might be a better option for couples who are currently considering because of the restrictions on wedding ceremonies around the world due to Covid-19.
Since couples cannot be separated too long due to visa issues, in some cases, applying for an unmarried partner visa rather than a fiancé may be a better option. It is possible to apply for a fiancé visa, enter the UK, get married, and then switch to a spouse's visa. However, the unmarried partner visa (30 months) will give you longer period to stay than the fiancé visa (6 months) and it might allow you to have plenty of time to get married.
Unmarried Partner Cohabitation
Under the immigration rules, a partner is defined as “a person who has been living together with the applicant in a relationship akin to a marriage or civil partnership for at least two years prior to the date of application […]”
Immigration rules require you to submit proof of cohabitation at the same address for two years prior to the date of the application. However, there is no exact type of evidence or detailed information on how individuals should prove their cohabitation, so it might be unclear to collect your two-year cohabitation evidence.
For example, if a couple is currently living apart for business, family, or personal reasons, they may not be able to prove a full two-year period just before the application date. However, if a couple lived together for a previously necessary period of time but lived apart since then, and the relationship continued while living apart, the requirements could still be met.
Cohabitation Requirement
The Home Office states on the application that they expect to see what documents the applicant should submit as proof of cohabitation:
‘You must provide at least 6 items of correspondence, addressed to you and your partner jointly or in both your names. The dates of the items of correspondence should be spread evenly over the whole 2 years. They should be from at least 3 different sources. If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you. For example – 4 items of correspondence in joint names to the same address and 2 items addressed to each partner at the address. In total 8 items would need to be submitted. If you and your partner have no bills or correspondence in joint names, you will need to submit 12 items (6 each) of correspondence evidencing that you reside together at the same address.’
For example, if you have 3 joint correspondence for the same address, you must submit 3 additional document items sent to each partner at the address. If there is no bill or correspondence under the joint name, the applicant must submit 12 items of correspondence (six each) to prove that you live together at the same address.
Specific Evidence of cohabitation
Home Office specified the evidence as follows;
Document or letters from government departments or agencies in the country where the couple lived (for example, HM revenue and customs, work and pension departments, DVLA, TV licenses, etc.
You can also submit letters or other documents about medical treatment, reservation, home visits, or other health care issues from GPs, hospitals, or other local health services. You can include bank statements or letters from banks. Social pension bills, tax bills, electricity and gas bills, statements, water bills, etc. are included, and mortgage certificates, tenancy agreements are also available.
However, the application cannot be legally refused solely on the basis that you do not provide enough documents as set out on the application form.
If a couple does not have the exact type of evidence listed on the application, it is possible to submit various documents to prove your cohabitation from other sources. Especially at present, as it is more difficult to collect the document due to Covid-19 temporary closure, couples should actively think about the documents that are available to demonstrate your cohabitation.